Statute of Limitations for Medical Malpractice Cases

Watch today’s video as Attorney Ben Schwartz discusses statute of limitations for medical malpractice cases and how it is affected by time frame and state laws.

Statute of Limitations

Hi, I’m Attorney Ben Schwartz,

Today I want to talk about a lady named Lavern Wilkinson. Lavern went to the doctor. She was having problems, the doctor took a chest x-ray which showed a suspicious mass, or suspicious lesion, and did not mention anything to Laverne about it.

Months later, years later, Lavern was having a worsening of her symptoms and went back to the doctor.  It was at that point that they realized she had cancer and they failed to tell her about it. They robbed her of her ability to get treatment to put that cancer into remission. Laverne passed away. She left an autistic daughter and family members behind. Her family members brought a malpractice case against the providers who negligently failed to tell her about the suspicious mass on the chest x-ray.

The case was not a valid case though, because this happened in New York. New York has a two-and-a-half-year statute of limitations on malpractice claims and the lawsuit was not filed within that two-and-a-half-year period. The New York State Assembly is working on a bill that may become a law called Lavern’s law, which would change the statute of limitations.

If you are watching this and you have seen our prior videos, you know that a statute of limitations is a law that limits the time during which you may file a valid lawsuit. A lot of states have statute of limitations where the statute of limitations time period starts running when the negligent act or omission starts, not when you find out about it.

So you can go to a doctor, the doctor could have completely botched your case. You do not know it until two years later when the symptoms start to come up from the cancer they failed to diagnosis or they fail to tell you about. You can have the situation where you do not find out they did something wrong until it is too late to sue for it. If you are leaving behind an autistic child, you are leaving behind responsibilities. Your family might want to bring a lawsuit against the wrongdoer because they no longer have you to support them.

I guess my question is, if you are viewing this video, what do you think about this statute of limitations issue? Should it be that once it two-and-a-half-year period of time goes by, even if you never realized, you did not know, or could have never known, you had the right sue and your right to sue is barred, or should it be from the date of discovery? Should every state have a law that says the limitations period on a lawsuit begins to run when you discover the negligence?

I’m Attorney Ben Schwartz and I am interested in your feedback. I think there might be arguments back and forth, so let me know what you think. Send me an email below, or you can go to our Facebook page and comment on this video.

Thanks for watching.

Statute of Limitations

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Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
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1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
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Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
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Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
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Video Recording or Live Streaming In Court

In today’s video, Attorney Ben Schwartz talks about video recording, or live streaming, in court.

Video Recording or Live Streaming In Court

Hi, I’m Attorney Ben Schwartz,

Today I am going to answer a quick question from Greg in Dover, Delaware. He says, given advancements in technology over the past 20 years, why don’t courts allow public access to audio and video recording in court via live stream?

I think that is a really good question. It is a question that I do not really know the answer to. I have tried over 30 jury trial cases in Delaware Superior Court and Delaware Court of Common Pleas, not a single one of them has been recorded on video. I cannot go back and watch them. I think it would be very helpful to me if I could go back and watch my trial to see all the stuff I did wrong, that way I know to fix it next time.

I think it would be very helpful to me, as a trial lawyer, as an advocate, as a learning experience. It would be helpful to other lawyers to be able to see their own performance as a trial lawyer, but you cannot, it is not video taped. When you do a jury trial, or even a bench trial with just a judge, I think it would be helpful for that to be videotaped too. I do not know why they do not do that, maybe in the future they will. I asked around my office what they thought about it, the general consensus is, they don’t really care to watch trials if it is Mrs. Smith from down the street with her auto accident case. If it is somebody famous like the Bill Cosby trial, then maybe that is something that they would want to watch.

I think a lot of people watch my videos because they are interested in the legal system; hopefully you are learning something about the legal system. I guess my question, back at you is, as a viewer watching this is, would it be something that you would want to see if you could watch video recording in court or watch live streaming of jury trials? Watching the lawyers in action, would that be something helpful as a consumer in the United States of America? Would it be helpful to you to be able to see what it looks like when these attorneys are in trial?

If you need to pick an attorney for your case, is that something that would be helpful to you? It could allow you to see who really does not perform well in front of a jury, or who excels in front of a jury. You would get to see who gets the attention of the judge in a favorable way and who ticks off judges left and right. Is this information that you would want to see?

I’m Attorney Ben Schwartz. Send me an email below or comment on this video and let me know what you think.

Thanks for watching.

Video Recording or Live Streaming In Court

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Who pays for my rental vehicle after a car accident?

Who pays for my rental vehicle after a car accident? Attorney Ben Schwartz gives three ways to get a rental vehicle after a car accident.

Who pays for my rental vehicle after a car accident?

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a question from a gentleman named Yang Chen in Wilmington, Delaware. He says, I was in a car accident and I need a rental vehicle, because my car is being repaired. Who is supposed to be paying for the rental vehicle?

The answer is, there are three different ways that a rental vehicle can get paid, not including you coming out of pocket to pay for it. Number one is, your insurance company could pay for your rental vehicle. If you were in an accident, I think what you want to do is, pull out your declarations page for your automobile insurance policy and see what you have in the way of rental coverage. In fact, if you are not in an automobile, and you are watching this video, now might be a good time to pull out your declarations page on your auto insurance and see what you have in the way of rental coverage. Now is the time, before you get in an accident, to figure this out.

Rental coverage is very very cheap; it is very inexpensive. It is something that many people really need when they are in a pinch and they have had an accident. Mr. Chen, the answer is,  number one, your auto insurance ought to pay for your rental coverage if you bought that type of coverage on your automobile insurance policy.

The second way your rental coverage can get paid is, if the at-fault driver’s insurance company pays it as the bills are incurred. Sometimes when you are in an accident and the accident is someone else’s fault, that someone else will have insurance. Their insurance company may pick up the tab for the rental coverage while you are incurring those bills. They are not required to do that, they are not your insurance company, but sometimes they will do it as a courtesy. If they can get you into a rental vehicle, and get your vehicle fixed, they can save money that way. So the second route to getting your rental vehicle paid for is to look at the at fault driver’s insurance coverage and ask them nicely if they will pay for your rental vehicle.

The third way to get it paid is, if no insurance company will voluntarily pay for it, you get the rental. You put it on a credit card and when it comes time to settle your personal injury claim against the at fault driver, we deal with the at-fault driver’s insurance company. We include the charges for the rental vehicle, because the at-fault driver is responsible not only for personal injuries, but also for all damages that flow from their carelessness or recklessness from the accident.

So, if you have a situation where someone else caused your accident and you need to get a rental vehicle as a result of the accident, that individuals insurance company should have to pay for your rental coverage. That is something we can include with your personal injury settlement when it comes time to make a claim for your personal injuries. I hope that answers your question. Hopefully you will be able to get the rental coverage you need, get your car repaired, and get back in action ASAP.

I’m Attorney Ben Schwartz. If you have a question you would like me to answer, send me an email below. Hope you found this video helpful and informative.

Thank you for watching.

Who pays for my rental vehicle after a car accident?

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Diminution In Value

In today’s video, Attorney Ben Schwartz explains diminution in value claims. Ben clarifies when and where you can file a diminution in value claim.

Diminution In Value

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a question, and that is, what is a diminution in value claim? Here is the scenario, let’s say that you are driving your car, it is a brand new car, and you bought it 2 months ago. You get in a car accident, some idiot runs a red light and smashes right into you. Luckily you are not injured, but your car has damage.

You take the car to your local repair facility, it gets fixed, it looks like new. The only problem is, when you run a Carfax report on it, it shows that it was repaired. You decide you are going to go buy another car 1 year later. When you go to trade the car in, you find out that instead of getting a trade in value of $18,000, you are getting a trade in value of $16,000, because it was in an accident.

You have sustained a loss in the trade in value of $2,000, that is a diminution in value. You have a right to sue the person that damaged your car, even though the car was fixed. You have a right to sue the person who damaged the car and recoup what you lost; that $2,000.

Currently, in May of 2017, you do not have a right to make a diminution in value claim in the state of Delaware, resulting from a Delaware auto accident. But, if you are in the state of Maryland, for instance, you do have that right. So, it depends on what state your auto accident was in.

I’m a personal injury attorney. I am admitted to practice law in Delaware and  Maryland, so in some of the car accident cases that I handle, I can make diminution in value claims. In some of the car accident cases that I handle, I cannot.

If you had a car accident and are interested in knowing more about this, send me an email below. If you have questions about any matter pertaining to personal injury, automobile accidents, dog bite, or slip and fall, send them to me. If you would like it on the air, in video format, maybe it is something I can answer for you.

Diminution In Value

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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Gun Laws In Delaware

We received an email about Gun Laws in Delaware today. “I’m going on vacation in Wilmington, Delaware and I have a concealed carry permit in Georgia. Can I bring my gun with me to the state of Delaware? You can watch the video or read the transcript below.

Gun Laws In Delaware

Hi, I’m Attorney Ben Schwartz,

Today we are going to answer a question from Jaleel. Jaleel is in Georgia; originally from Wilmington, Delaware. Just to give you the broad outline of what is going on, Jaleel has a concealed carry permit in Georgia. He wants to come to Delaware on vacation and he wants to be able to carry his weapon here in Delaware. Jaleel wants to know, is that legal?

Before I answer the question, I want to say I cannot give legal advice via YouTube or via Facebook. Quite frankly, I would not consider myself a Second Amendment lawyer. My father Steven Schwartz is a Second Amendment lawyer and you can make an appointment to come in and sit down with him, or have a telephone conference, or FaceTime conference from Georgia, and get some specific legal advice.

What I would like to do is give some general information (about gun laws in Delaware) to try and point you in the right direction. Today, as I am recording the video, it is August 4, 2017. What I can tell you is that, as of today, Georgia is not a reciprocal State for the Delaware concealed carry permit. If you are a Delaware resident and you want to carry a carry a firearm, and you want to do it concealed on or about your person, you need to have a CCDW permit to carry a concealed deadly weapon. If you are a resident of Delaware, and you want to get that CCDW permit, you take a course and you get a court order and permit that gives you the right to carry concealed.

The problem is, if you are not a Delaware resident, and you want to carry concealed in the state of Delaware, how do you go about doing that? The answer is, Delaware has reciprocity with certain other states, unfortunately Georgia is not one of those other states. You can see the list of states by simply going to the attorney general’s website and there is a link that you can click for reciprocity. You can see all of the states where if you have a CCDW permit from one of those other states, you can also carry concealed in Delaware.

I do want to mention that Delaware is an open carry state. I do not know if that is an option for you. It is not really an option for me, because I am in and out of court all the time and quite frankly, I think that carrying open makes a lot of people very uncomfortable. I personally would not recommend it, but just so you know, Delaware is an open carry state.

The question also raises the issue of transporting firearms interstate, and in order to get from Georgia to Delaware, you have to drive through several states to get here. You would need to know the law of each one of those states with respect to transporting a firearm, in order to go from Georgia to Wilmington, Delaware with a firearm in your vehicle. My personal opinion is, and this is not legal advice, but my personal opinion is that I would not, as a firearms owner, I would not want to go to another state and take a firearm with me.

For my personal use or personal safety, I am all on board with the Second Amendment Rights. I am on board with having the right to carry. As an attorney, I know that every state has a different law. In some states, it is not just a question of what is the state law, but what is the law of every county and municipality that you are going to travel through. I just think it is too much for one person to know. When you are in your home state, you are trained on the law of that state, you know the ins and outs of it, that is one thing.

Once you go into interstate travel, it is a whole different deal. Jaleel, I hope that answers the question. Of course, like I said, this is not legal advice. If you or anyone else out there would like to have a consultation with an actual Second Amendment Attorney, Steven Schwartz is an attorney that frequently handles gun rights issues. He has litigated gun rights cases in the Delaware courts, including the Delaware Supreme Court. You may send me an email and I will get you set up with an appointment. If you have other questions about your rights or Gun Laws in Delaware, send an email below, or comment on one of our videos. We will see if we can take your question and turn it into a video like this.

Thanks for watching and good luck to you Jaleel.

Gun Laws In Delaware

Office Locations - Personal Injury Lawyer

Click or Call 1-855-TIP-THE-SCALES

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, New Jersey and Pennsylvania.

Dover, DelawareWilmington, DelawareHavertown, PennsylvaniaSalisbury, Maryland
Dover, Delaware
(302) 678-8700
1140 & 1126 South State Street
Dover, Delaware 19901
Central Fax: (302) 678-8702
Directions & Map
Wilmington, Delaware
(302) 654-4930
1525 Delaware Ave.
Wilmington, Delaware 19806
Central Fax: (302) 678-8702
Directions & Map
Philadelphia, Pennsylvania
(610) 853-4888
850 West Chester Pike Suite 205
Havertown, Pennsylvania 19083
Central Fax: (302) 678-8702
Directions & Map
Salisbury, Maryland
(410) 546-6415
Suite 500-A, 100 East Main Street
Salisbury, Maryland 21801
Central Fax: (302) 678-8702
Directions & Map

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